Naziya vs State Of Uttarakhand & Others

R.C. Khulbe, J

1) In this petition, the petitioner has prayed for the following reliefs :

“i) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 and 2 to provide adequate security and police protection to the petitioner from the respondent No. 3 and their other family members and relatives as they are torturing, harassing and victimizing the petitioner to implicate one innocent person Salman due to their enmity and force petitioner as a weapon / tool, but the petitioner is not ready to act as per his wishes and is willing to live her life as per her wishes independently.

ii) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2) The case of the petitioner is that she is aged about 18 years, and her date of birth is 02.07.2004. Petitioner has six siblings, including five sisters and one brother. Petitioner is fourth child of her parents. It is alleged by the petitioner, that her father, respondent No. 3 herein, has personal grudge with one Salman and due to animosity, respondent No. 3 lodged an FIR against Salman at P.S. Jwalapur, District Haridwar, which was registered as case crime No. 701 of 2021, under Section 363 and 366A of IPC.

3) It is also alleged by the petitioner that her parents forced her to give statement against the accused Salman, but she denied obeying their commands, as she did not want to be used as a tool at their hands. According to the petitioner, during her examination as P.W. 1, before the Special Judge, POCSO Act, Haridwar, on 22.03.2022, in Special Sessions Trial No. 16 of 2022, State Vs Salman, she straight away denied the fact that accused Salman took her forcibly to Meerut and Delhi, and committed rape on her. Petitioner also stated that no Nikah was ever performed between her and the accused. She also stated that no compromise ever took place between her family and the accused.

4) According to the petitioner, soon after recording of her statements before the court below, the respondent No. 3, father of the petitioner, and her other family members started severely torturing and harassing her, and even subjected her to physical torture, as a consequence of which, her life became miserable. It is further alleged that respondent No. 3 and her other family members are continuously pressurizing the petitioner to obey their commands, but she is not willing for the same, and she want to live her life independently as per her wishes. It is stated by the petitioner that respondent No. 3 and her other family members even threatened her with dire consequences, in case, she did not act as per their dictum. According to the petitioner, her life and liberty is under continuous threat as her family members are not permitting her to live her life freely and independently.

5) Counsel for the petitioner submits that the petitioner has already made representation before the Senior Superintendent of Police, District Haridwar, respondent No. 1, for protecting her live and liberty, a copy whereof is annexed as Annexure No. 4 to this writ petition, but nothing has been done as yet. Having been left with no other remedy, the petitioner has filed the present writ petition.

6) In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Haridwar, respondent No. 1, to take a decision on the representation of the petitioner (Annexure No. 4) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the concerned SHO during the course of action whether police protection is required on not. In the interregnum, the SHO, Police Station Jwalapur, District Haridwar – respondent No. 2, shall provide necessary police protection for protecting the life and liberty of the petitioner.

7) Interim Relief Application (IA No. 01 of 2022) also stands disposed of.

8) Let a free copy of this order be immediately handed over to Mr. Rakesh Kumar Joshi, the learned Brief Holder for the State of Uttarakhand, for early compliance.

9) Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.